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CITIZENS CONCERNED FOR CRANES v. DNR

No. 02-1166.

263 Wis.2d 370 (2003)

2003 WI App 76

661 N.W.2d 858

WISCONSIN CITIZENS CONCERNED FOR CRANES AND DOVES, John Wieneke and Pat Fisher, Plaintiffs-Respondents, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant, U.S. SPORTSMEN'S ALLIANCE FOUNDATION f/k/a Wildlife Legislative Fund of America, Defendant-Intervenor-Co-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Philip Peterson, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the defendant-intervenor-co-appellant, the cause was submitted on the briefs of Mark A. Cameli and Andrew W. Erlandson of Reinhart Boerner Van Deuren, S.C., Madison and William P. Horn and Allison M. Ellis of Birch, Horton, Bittner and Cherot, Washington, D.C.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of George B. Strother IV of Krekeler Strother, S.C., Madison.

Before Vergeront, P.J., Dykman and Deininger, JJ.

¶ 1. DEININGER, J.

The Wisconsin Department of Natural Resources appeals a circuit court order which declared a department rule invalid and prohibited the department from "promulgating an administrative rule setting a hunting season for mourning doves in Wisconsin absent further legislative action authorizing it to do so." We agree with the department that the plain language of Wis. STAT. § 29.014(1) (1999-2000...

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